Professional Documents
Culture Documents
1 Tender For Sap Ecc 6.0
1 Tender For Sap Ecc 6.0
BARODA
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TENDER NO: Mat. 34/MM/SAPAMS/20-21/ dt. 01.02.2020
INDEX
Sr. PARTICULARS PAGE NO.
No.
From To
(2) SECTION – A 4 20
(Instructions to Bidders)
(3) SECTION– B 21 22
(Instructions to Bidders for online
tendering)
(4) SECTION– C 23 30
(General Conditions of Contract)
(5) SECTION – D 31 41
(Special Conditions of Contract)
(6) SECTION – E 42 43
(Price Bid / Commercial bid)
(7) SECTION – F 44 54
(Annexure and Forms)
NOTE: All the Bidders should study entire Tender documents carefully & may carry out
Plant visit before quoting & submitting their online Bid to understand scope of work
and its importance.
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NOTICE INVITING TENDER (NIT)
TENDER NO: Mat. 34/MM/SAPAMS/20-21/ dt.01.02.2020
NOTES:
1. Amendment / corrigendum of the tender document, forms, schedules, etc. may be done any
time by the GIPCL during the period of publication of tender in the website. The Bidders are
required to visit the website regularly till the last date & time of Bid submission.
2. GIPCL reserves the right to reject any or all the tenders without assigning any reason thereof.
3. The Bidders are required to quote the rate strictly as per the terms and conditions
mentioned in the tender document, adhering to technical specifications as well.
4. The Bidders are required to submit their Bids online only through website
https://gipcl.nprocure.com.
5. The EMD, Tender fee & other supporting documents are to be submitted in physical form
only at the following address:-
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TENDER NO: Mat. 34/MM/SAPAMS/20-21/ dt. 01.02.2020
SECTION-A
INSTRUCTIONS TO BIDDERS
1. INTRODUCTION:
Gujarat Industries Power Co. Ltd (GIPCL) was incorporated in 1985 as Public Limited
Company under the auspices of Government of Gujarat. The company is engaged in business
of Electrical Power Generation. The total present capacity plants incl. Solar and wind mills
plants across Gujarat is 1084.4 MW. The company is having its registered office at P.O.
Petrochemical, Vadodara, Gujarat. GIPCL has implemented SAP ERP ver.4.6B, in the year 2002
at its Baroda office and plant. GIPCL upgraded SAP from 4.6B to 4.7C version in the year 2006
and rolled out it to its SLPP plant at Mangrol, Dist. Surat. In 2011 company had upgraded the
version to SAP ECC 6.0 and added HR&A and Payroll modules. Following modules are
currently used by the company.
Solution Manager
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ENTERPRISE PORTAL (EP)
Development
Production
2. SCOPE OF WORK:
GIPCL is looking for selection of competent agency capable of providing off-site support for
company’s SAP ERP system across all locations.
THE SITE
THE SCOPE
A description of the envisaged scope is enumerated as under. Based on the contents of the
RFP, the selected successful bidder shall be required to independently arrive at the
Methodology, based on globally acceptable standards and best practices, as per GIPCL
requirements. The GIPCL expressly stipulates that the selection of successful bidder under
this RFP is on the understanding that this scope contains only the principal provisions for the
entire assignment. The successful bidder shall be required to undertake to perform all such
tasks, render requisite services and make available such resources as may be required for the
successful completion of the entire assignment at no additional cost then quoted to GIPCL.
3. GENERAL INSTRUCTIONS:
3.1 The Bidders who are interested in participating in the tender must read and comply
with the instructions and the Terms & Conditions contained in the tender documents.
3.2 The Bids shall be filled in by the Bidders clearly, neatly and accurately. Any alteration,
erasures or overwriting shall be liable to make the tender invalid unless the same is
neatly carried out and attested over the full signature of Bidder. The decision of the
Company to interpret the information and rates filled in by the Bidder shall be final and
binding on the Bidder.
3.3 The Bidders are requested to make themselves fully conversant with the site as well as
General Conditions of Contract, Special Conditions of Contract, Technical Specifications,
Site conditions, Safety & Health Aspects and Norms to be observed etc. before
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submitting their bids so that no ambiguity arises in these respects subsequent to
submission of the Bids.
3.4 Before quoting the rates, the Bidder should go through the specifications, scope of
work etc. and get himself fully conversant with them. The Bid should include cost of
mobilization and cost to adhere to all Safety Norms at work place as described in the
tender. No relaxation or request for revision of quoted/accepted rates shall be
entertained subsequent to opening of the Bid on account of mobilization or Safety
costs.
3.5 Bidder shall have to submit all the information as per required Bid document. Failure
to furnish all the information as per required Bid documents or submission of a Bid
containing deviations from the contractual terms and conditions, specifications and
requirements, shall be rejected.
3.6 The Bids shall be submitted within the time frames set out in the Notice Inviting
Tender (‘NIT’) and Bids submitted thereafter shall not be accepted and considered.
3.8 The Bidders are expected to examine all instructions, forms, terms & specifications in
the Bid documents and to get fully acquainted themselves with all the conditions and
matters which may affect the subject matter of the work/tender or the cost thereof. If
any Bidder finds any discrepancies or omissions in the specifications and documents or
any doubt in true meaning or interpretation of any part, he shall seek necessary
clarifications in writing or during Pre-Bid meeting if required.
3.10 The Company reserves the right to extend the deadlines for submission of the Bids by
giving amendments.
3.11 A Pre-Bid meeting will be organized by the Company as per details given in NIT
(Notice Inviting Tender) at GIPCL Baroda. Bidders or his authorized representative
with authorization letter shall attend the Pre-Bid meeting. Bidders may seek any
clarifications from the Company on their written request regarding the tender
document.
3.12 During evaluation of Bids the Company may, at its own discretion ask the Bidder (s)
for clarification of their Bid. The request for clarification and the response shall be in
writing and no change in prices or substance of the Bid shall be sought, offered or
permitted.
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3.13 The Company reserves the right to amend/ modify the Bidding documents at any time
prior to the deadline for submission of Bids, either at its own discretion or in response
to the clarification requested by a prospective Bidder. In such case, the Company may
in its discretion extend the deadline for submission of Bids in order to facilitate the
prospective Bidders for incorporating the effect of the amendment in their Bids.
3.14 The Bidders shall bear all costs and expenses associated with the preparation and
submission of their respective Bids, to attend meetings or conferences, if any,
including any pre award discussion with the successful Bidder, technical and other
presentations etc. and the Company shall not be liable for any expense thereof.
3.15 If the successful Bidder is a joint venture, formed of two or more companies, the
Bidder along with the partners shall accept joint and several responsibilities and
liabilities for all obligations under the Contract.
3.16 Timely and satisfactory completion of the work and strict adherence to the allotted
time frames for jobs shall be the essence of the contract.
3.17 The Company reserves the right to qualify/disqualify any applicant without assigning
any reason.
3.18 The Bidder shall be disqualified if any untrue statement or misrepresentation is made
in the Bid forms, attachments and other supporting documents submitted by the
Bidder.
4. PLANT VISIT:
The Bidder is advised to visit the Gujarat Industries Power Company Ltd., Vadodara and
SLPP after downloading the tender copy from website https://www.nprocure.com and
https://gipcl.nprocure.com or website: http://www.gipcl.com/ to study the actual
working conditions, before submitting their offer. The Bidders shall examine the site of
works and its surroundings for preparing the Bid and entering into a contract. All costs
and liabilities arising out of the site visit shall be at Bidder’s account.
The submission of tender by a contractor implies that he has read these instructions,
conditions of the contract etc. and has himself aware of the scope, nature of works &
specifications of the works to be done. GIPCL will not, therefore after acceptance of
contractor’s rate, pay any extra charges for any other reason in case the contractor is
found later on to have misjudged the site conditions.
Any error in description or quantity or omission in the contract document shall not vitiate
the contract or release the contractor from executing the work comprised in the contract
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according to scope of works, magnitude of the works. Contractor has to complete the work
in accordance with the contract documents irrespective of any defects, omissions or errors
that may be found in the contract documents.
The Bidder is deemed to have examined and understood the tender document, obtained
his own information in all matters whatsoever that may affect the works to be carried out
especially mentioned or works which may have to be carried out to fulfill his contractual
obligation within the scheduled rates and to have satisfied himself to the sufficiency for his
offer.
BIDDER shall inspect the site, examine and obtain all information required and satisfy
himself regarding matters such as access to site, communication, transport, working
condition including constraint of work place, confined area. Ignorance of site conditions
shall not be accepted by the GIPCL as basis for any claim for compensation. The
submission of a Bid by the BIDDER will be construed as evidence that such an examination
was made. Any later claims / disputes in regard to rates quoted shall not be entertained or
considered by the GIPCL. The rates quoted by BIDDER shall be based on his own
knowledge and judgment of the conditions and hazards involved and shall not be based on
any representations of the Engineer.
5. ELIGIBILITY CRITERIA:
The following criteria shall be adopted for qualifying the Bidders for further proceeding. .
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Crores (or equivalent financial years
amount in any (namely FY
foreign currency) in 2016-17,2017-18
past three financial and 2018-19).
years
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5 SAP Partner Status The Bidder should be Partner Status
an Authorized certificate from
Partner of SAP. The SAP
Bidder should
possess the
authorization of SAP
to supply customize,
implement and
support SAP
solutions.
5.1 Bidder should produce evidence of having experience of successfully completed similar
works as defined hereunder during last Three years out of last five years ending last day
of the month previous to the one in which tender is invited, satisfactory progress of
ongoing works etc. secured from clients along with certified copies of documentary
evidence preferably photo copies of work experience. The experience should be either of
the following:
One similar completed work each costing not less than the amount equal to Rs.
26.40 Lacs.
OR
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Two similar completed works each costing not less than the amount equal to
Rs.16.50 Lacs.
OR
Three similar completed works each costing not less than the amount equal to Rs.
13.20 Lacs.
5.2 Bidder should specifically mention fulfilling of above criteria in his offer along with details
of work orders & work completion certificates issued by clients.
5.3 The above mentioned eligibility criteria should be necessarily met, and adequate
documentary proof be submitted for verification. If any of the bidders don’t qualify then
their technical bid will not be considered.
5.4 Bidders are requested to submit all the supporting documents required. The documents
received in the bid will be treated as full and final one & evaluation will be carried out
accordingly.
5.5 Tender fee: The tender fee shall be accompanied in form of Demand Draft.
5.6 EMD: The EMD shall be accompanied in the form of DD or Bank Guarantee given by Bank
as described in subsequent clause no. 8.
5.7 Bidder should have separate Employees Provident Fund code number towards
registration of firm with RPF commissioner.
5.8 Attested copies of relevant documents duly signed & seal on each & every page shall be
submitted. The above documents will be analyzed and after satisfaction, the Price Bid will
be open. GIPCL may verify the documents, experience certificates issued by concern
authority. After opening of technical Bid, if any required attested documents found missing
in the Technical Bid submitted by the Bidder, the tender inviting authority may inform to
that Bidder only once by E-mail to submit the missing required documents within
stipulated time limit. If Bidder/Bidders fail to submit within stipulated time, their Bid will
be declared technically disqualified and no further correspondence will be entertained.
5.9 In case Bidder is a joint venture company since last five years, the above
requirements/credential of Joint Venture Company / Parent companies shall be
considered.
5.10 Net worth of the bidder should be positive as evident from audited accounts from last
financial year.
The Bidder shall submit all the evidences, documents, attested copies of work
orders & work completion certificates etc. as a proof with EMD & Tender Fee and
also provide the requisite details online for meeting the prequalification
requirements. GIPCL will verify the experience, performance, capability & strength
of Bidders, independently for executing the job. GIPCL may visit the site & consult
the owner of the industry/property where similar job is executed by the Bidder.
GIPCL reserves the right to accept/cancel/reject any/all Bids without assigning any
reason thereof. The tenders of qualified Bidder/Bidders shall only be considered for
further evaluation.
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6. PRE-BID MEETING:
A pre Bid meeting will be arranged at office of Gujarat Industries Power Co. Ltd. Baroda as
per details given in the NIT (Notice Inviting Tender). All the Bidders are required to attend
or send their authorized representative along with authorization letter for attending this
meeting. It is desired to attend the Pre-Bid meeting for timely completion of awarded
works.
7. LANGUAGE OF BID:
The Bid prepared by the Bidder, and all correspondence and documents relating to the Bid
exchanged by the Bidder and the Company, shall be written in the English language. Any
printed literature furnished by the Bidder, written in another language shall be
accompanied by an English translation for the purpose of interpretation of the Bid.
8.1 An EMD of INR 50,000 (Fifty Thousand) and Nonrefundable Tender fee INR 2,500
(Two Thousand Five Hundred) shall accompany with Bid. The EMD & Tender fee shall
be in the form of a crossed bank Demand Draft in favor of Gujarat Industries Power Co.
Ltd. as per following details:
8.2 The EMD, in alternative, may be submitted in the form of irrevocable Bank Guarantee
in favor of Gujarat Industries Power Company Limited from any Nationalized Bank as
per Performa of BG enclosed with this e-tender under Section-F.
8.3 In case EMD is paid in the form of BG, the same shall be valid for a period of 180 days
after the due date for submission of the bid
8.4 The EMD of the successful bidder will be returned after payment of Security Deposit by
successful bidder.
8.5 The earnest money deposit paid in the form of demand draft will be refunded to the
unsuccessful BIDDER as soon as the tender is finalized.
8.6 Any bid not accompanied with EMD and Tender fee will be rejected. Tender fees and
EMD should be submitted in physical form directly to GIPCL.
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8.8 The EMD will be forfeited if the BIDDER (i) withdraws his tender after acceptance or
(ii) withdraws his tender before the validity date of the tender.
9. SUBMISSION OF BIDS:
The bids shall be submitted online at the website https://gipcl.nprocure.com within the
dates specified in the NIT along with the details of tender fees, EMD in two parts as under:
Note: Tender fee and EMD shall be submitted in physical form latest by 15.00 PM on
due date of tender.
The tender document duly signed in all pages without price bid along with techno-
commercial deviations, if any, shall accompany the bid. The following Information shall
be provided in the techno commercial bid:
The following supporting documents shall also be submitted along with EMD & Tender Fee
in physical form:
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1. The tender documents dully signed in all pages without price bid along with
techno-commercial deviations, if any.
6. Turn over for the last three years, audited annual accounts/financial statements i.e.
profit and loss account and balance sheet duly certified by a practicing CA will be
required.
8. PAN Number.
2. GST shall be paid extra at actual as per prevailing rates as declared by Central
Government on submission of documentary evidence.
3. The Bidder shall fill the Bid documents with utmost care in consonance with the
instructions contained in the Bid documents.
(i) The Bid must contain the postal address like name, residence and place of
business of the person or persons submitting the Bid and must be signed
and sealed by the Bidder with his usual signature. The name of all persons
signing the documents shall also be typed or printed below the signature on
each page.
(ii) Bid by a joint venture/partnership firm must be furnished with full names of
all partners and be signed with the partnership name, followed by the
signature and designation of one of the authorized partners or other
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authorized representative(s). A certified copy of the power of attorney
authorizing such partner or representative shall also be submitted.
(iii) Bids by a Corporation/Company must be signed with the legal name of the
Corporation/Company i.e. by the President/Managing Director/Secretary or
other person or persons authorized to Bid on behalf of such
Corporation/Company. A certified copy of the board resolution/power of
attorney authorizing such partner or representative shall also be submitted.
(iv) The Bidder's name stated on the proposal shall be the exact legal name of
the firm.
(v) Erasures or other changes in the Bid Documents shall be initialed by the
person signing the Bid.
a. The Bidder may modify or withdraw the bid prior to the deadline prescribed for
submission of bids.
c. No Bid shall be withdrawn in the interval between the deadline for submission of
Bids and the expiration of the period of bid validity.
a. Bid shall be deemed to be under consideration immediately after opening of the bid
and till official intimation of award/rejection made by the Company to the Bidders.
b. While the Bids are under consideration, Bidders and / or their representative or
other interested parties are advised to refrain from contacting by any means, the
Company. The Engineer, if necessary, will obtain clarifications on the Bids by
requesting for such information from any or all the Bidders, in writing as may be
necessary. The Bidder will not be permitted to change the price or substance of the
Bid after the Bid has been opened.
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6 EFFECT AND VALIDITY OF THE BID:
a. The Bid should be kept valid for acceptance for a period of one hundred and eighty
(180) calendar days from the last date of submission of Bids.
b. The submission of any Bid along with the required documents and specifications
shall constitute an agreement that the Bidder shall have no cause of action or claim,
against the Company for rejection of his Bid. The Company shall always be at liberty
to reject or accept any Bid or Bids at his sole discretion and any action will not be
called into question and the Bidder shall have no claim in that regard against the
GIPCL.
13.1 The GIPCL will open the pre-qualification/Technical Bid/price Bid. The tender will
be opened by the authorized officers of GIPCL.
13.2.1 The Company will examine the Bids for any computational errors, for sureties
furnished by bidder, for authentication of documents submitted and completeness
of the Bids.
(a) If there is a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity, the unit price shall prevail
and the total price will be corrected & will be binding to the bidders
(b) If there is a discrepancy between the Total Bid Amount and the sum of total
prices, the sum of total prices shall prevail and the Total Bid Amount will be
corrected & will be binding to the bidders.
14.1 GIPCL shall evaluate the Bids received and accepted by it to ascertain the
lowest evaluated Bid in conformity with the specifications of the tender
documents.
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14.2 The Technical Bids will be examined for minor matters regarding
qualification of bids. Subsequent to correspondence with the respective
bidders, the decision of Tender Committee will be final.
14.3 All responses to requests for clarifications shall be in writing and shall be
presented to the Company through e-mail or in a sealed envelope on or
before the given date requested by the Company. If the Technical
clarifications sought by the Company do not reach the Company on or before
due date, the Bid will be rejected.
14.4 The comparison of all the Bids shall be carried out with reference to the
scope of work as per the technical specification. Any deviation/omission
shall be evaluated at highest quoted price of the deviation/omission quoted
by any of the Bidder. In case a separate price (for omission) is not given by
any other Bidder, a reasonable price of the same shall be taken & the same
shall be binding to the Bidders.
14.5 The commercial deviation, if any, shall be loaded to bring all the Bids at par.
The loading shall be carried out at an interest rate of 2% above PLR of SBI.
14.7 For the above referred purpose, a ‘material deviation’ shall be one which:
(a) Which affects in any substantial way the scope, quality or performance of the
contract, or
(b) Which limits in any substantial way and in a manner inconsistent with the Bid
documents, GIPCL’s right or the Bidder’s obligations, under the contract, or
(c) Whose rectification would affect unfairly the competitive position of other
Bidders presenting substantially responsive Bids.
15.1 GIPCL reserves the right to accept or reject any Bid or to cancel the Bidding
process and reject all Bids at any time prior to award of contract, without
thereby incurring any liability to the affected Bidder or Bidders or any
obligation to inform the affected Bidder or Bidders regarding the same.
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15.2 Any Tender without EMD and Tender fee will be treated as non responsive
and shall be rejected at the outset & no further correspondence shall be
entertained regarding this.
15.3 GIPCL reserves the right to debar any Bidder from participation in future
Bids if such Bidder has quoted an abnormally low rate in the Bid
document/price Bid.
GIPCL will award the contract to that bidder whose quotation has been
determined to be substantially responsive and evaluated as the lowest quotation
in conformity with the requirements of the specifications and documents
contained herein, provided further that the bidder is determined and evaluated
to be qualified to perform the contract satisfactorily.
The successful bidder shall be intimated of his selection through the Letter of
Intent or Letter of Award/ Work Order which shall be sent to him through e-mail,
courier, fax or registered mail.
17.1 The contract will be for a period of one year from the date of actual
commencement of operation of the contract as stated in the Work Order
(‘Contract Period’).
17.2 GIPCL reserves the right to extend the Contract Period up to one more
year on the same rates and terms and conditions without any price
escalation and entering into any new contract.
As a Contract Security, the successful Bidder, to whom the work is awarded, shall be
required to furnish a Performance Bank Guarantee (PBG)/Contract security deposit in
favor of Gujarat Industries Power Company Limited for guarantee amount at 10% of the
“Annual Contract Price” from any Nationalized Bank in the format attached in SECTION-F,
and it shall guarantee the faithful performance of the 'Contract' in accordance with the
terms and conditions specified in these documents and specifications. Contract security
deposit shall be submitted strictly within fifteen days from the date of LOI or work order,
whichever is earlier. The guarantee shall be valid up to retention period of three months
from the contract completion date. The Guarantee amount shall be payable to the
Company in Bidder's home currency without any condition whatsoever.
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The Performance Bank Guarantee (initial security deposit) will be returned to the
Vendor/Contractor without any interest at the end of the ‘Retention Period' after
completion of contract and on fulfilling contractual obligations throughout the retention
period. However, any delay in submission of initial SD will result in equivalent late release
of entire SD after guarantee period.
The Contractor shall not directly or indirectly assign or sub-let total/any part of the
contract to any other party or agency.
(i) The Contractor shall deploy suitably qualified and sufficient manpower for timely &
satisfactorily execution of the works under the contract.
(ii) Contractor shall nominate /authorize senior experienced person in writing as site
in charge to co-ordinate with GIPCL personnel engineer and who shall bear overall
responsibility for performance of the contract.
(iii) During execution of the works, one or more jobs may be required to be done
simultaneously and the Contractor shall mobilize additional resources accordingly.
(iv) If the contractor fails to complete the job in time as per tender’s terms and
conditions, GIPCL will execute the job through other agency at the risk and cost of
the contractor & the same will be recovered from the Contractor’s bill.
B: TOOLS:
(i) Contractor’s official shall carry their own laptops and other required equipments
while visiting GIPCL.
If any Bidder requires any further information or clarification in the Bidding Documents,
may notify the Company before one week of last date of submission of online Bid, in
writing or by E-mail at the GIPCL's mailing address purchase@gipcl.com as indicated in
the 'Invitation to Bids'. The GIPCL's response (including an explanation of the query) will
be sent in writing or by E-mail to all prospective Bidders who have received the Bidding
Documents.
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22. TIME SCHEDULE:
The basic considerations and the essence of the 'Contract' shall be the strict adherence to
the time schedule for performing the specified 'Works'.
The Bidder is required to carefully examine the specifications and documents, all the
conditions and matters work wise & cost wise. If any Bidder finds any discrepancies or
omissions in the specifications and documents or is in doubt for any meaning of any part,
he shall request in writing for an interpretation/ clarification to the GIPCL or during Pre-
Bid meeting. All such interpretations and clarifications shall form a part of the Bid
documents.
24. PAYMENTS:
All the payments against the work order shall be in Indian currency and payable through
online mode only.
a. The price bid shall be read in conjunction with Instructions to Bidders, General conditions
of contract, Special conditions of contract and Technical specifications.
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TENDER NO: Mat. 34/MM/SAPAMS/20-21/ dt. 01.02.2020
SECTION-B
2. Price bid should be submitted online through the website https://gipcl.nprocure.com only.
No physical submission of price bid will be entertained as it should be furnished on-line
only.
3. Bidders who wish to participate in online tenders will have to procure / should have
legally valid Digital Certificate (Class III) as per Information Technology Act-2000, using
which they can sign their electronic bids. Bidders can procure the same from any of the
license certifying Authority of India or can contact (n) code solutions- a division of GNFC
Limited, who are licensed Certifying Authority by Government of India.
5. Following should be submitted ‘off-line’ in sealed covers separately during dates & time
set in NIT at our Vadodara office..
[1] Tender Fee, [2] E.M.D. covers [3] Supporting Documents for Technical Bid.
Note: Interested bidders are requested to submit the online tender at least two days in
advance from the due date set for on line submission of bid in order to avoid non
participation.
REVERSE AUCTION:
1) GIPCL reserves the right to conduct E-Reverse auction through (n) Procure platform.
2) E-Reverse auction shall be conducted amongst (a) the lowest 50% eligible bidders
(rounded to the next higher whole number) from the total bids received OR (b) Minimum
three (03) lowest bidders, whichever is higher, shall be invited for participation in e-
Reverse Auction through n-procure platform.
3) Opening Price, Detrimental value and duration for the e-Reverse Auction shall be informed
to the qualified bidders before start of e-Reverse Auction.
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4) After e-Reverse Auction process, L1 bidder shall be decided on Lowest Total Contract
Price.
https://e-auction.nprocure.com.
6) In case of any further information regarding online bidding or if a Bidder needs any
assistance in accessing/ submission of online bid/ clarification or if training is required for
participating in online e-reverse bidding, then the Bidder can contact the following office
for assistance or training:
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TENDER NO: Mat. 34/MM/SAPAMS/20-21/ dt. 01.02.2020
SECTION-C
As a Contract Security, the successful Bidder, to whom the work is awarded, shall be
required to furnish a Performance Bank Guarantee (PBG)/Contract security deposit in
favour of Gujarat Industries Power Company Limited for guarantee amount at ten
percent (10%) of the “Annual Contract Price” from any Nationalized Bank in the
format attached in SECTION-F, and it shall guarantee the faithful performance of the
'Contract' in accordance with the terms and conditions specified in these documents
and specifications. Contract security deposit shall be submitted strictly within fifteen
days from the date of LOI or work order, whichever is earlier. The guarantee shall be
valid up to retention period of three months from the contract completion date. The
Guarantee amount shall be payable to the Company in Bidder's home currency without
any condition whatsoever.
The Performance Bank Guarantee (initial security deposit) will be returned to the
Vendor/Contractor without any interest at the end of the ‘Retention Period' after
completion of contract and on fulfilling contractual obligations throughout the
retention period. However, any delay in submission of initial SD will result in
equivalent late release of entire SD after guarantee period.
2. RECOVERY CLAUSE
(i) In case of any damage of SAP Landscape due to negligence of contractor or any
other reasons attributed to contractor the decision of Corporate IT head regarding
the amount of recovery shall be final and binding subject to a maximum of 10% of
contract value. Recovery will be affected from the quarterly bills and/or retention
money/security deposit.
(ii) If the contractor fails to execute the work within the time frame given in work
order, GIPCL shall get the work done by third party at the risk & cost of the
contractor with 15% additional overhead charges of GIPCL.
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3. ASSIGNMENT AND SUBLETTING OF THE CONTRACT:
The contractor shall not assign or sub-let any part of the contract to any other party or
agency without written permission from GIPCL.
All costs, charges or expenses that GIPCL may have paid, for which, under the contract the
contractor is liable, shall be recovered by the GIPCL. The contractor shall pay all such
claims within 15 days of claim failing which the same shall be deducted from the bills of
contractor.
Contractor shall be responsible to complete the jobs within agreed time schedule and in
case contractor fail to complete the job, GIPCL shall recover from his bill, Security Deposit
and / or whatsoever for expenses incurred to complete the job with additional 15%
overhead charges.
In case if contractor’s services are not found satisfactory with respect to time bound
completion of work & workmanship then GIPCL has right to terminate the contract at any
time by giving him one month advance notice without assigning any reason and will make
the alternate arrangement at the risk & cost of contractor.
GIPCL may terminate the contract after due recoveries of pending jobs/damages after
giving one month advance notice to the contractor if any of the following events occur –
iii. Contractor fails to proceed with the work with due diligence as per requirements of
the contract.
iv. Contractor has neglected or failed persistently to observe or perform any of the
acts, matters or things, which as per the contract are to be observed and performed
by the contractor.
v. Any major deviations from contractual terms and conditions including quality of
job.
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6. FAILURE & TERMINATION:
If the CONTRACTOR after receipt of written notice from GIPCL/ ENGINEER requiring
compliance, fails within seven days to comply with the same, GIPCL may employ and pay
other agencies to execute any such work whatsoever as may be necessary to give effect
thereto and all costs incurred in connection therewith shall be recoverable from the
CONTRACTOR by the GIPCL on a certificate by the GIPCL as a debt or may be deducted by
him from any money due or to become due to the CONTRACTOR.
If the contractor fails to execute the work as per directions of GIPCL within the time frame
given, GIPCL shall get the work done by third party at the risk & cost of the CONTRACTOR
with additional 15% overhead charges of GIPCL and all costs incurred in connection
therewith shall be recoverable from the CONTRACTOR by the GIPCL as a debt or may be
deducted by him from any money due or to become due to the CONTRACTOR.
In case if contractor’s services are not found satisfactory with respect to, time bound
completion & workmanship then GIPCL has rights to terminate the contract at any time by
giving you one month advance notice without assigning any reason and will make the
alternate arrangement at cost and risk of the Contractor.
7. SETTLEMENT OF DISPUTES:
a. Any disputes or difference of opinion between parties arising out of the contract to
the extent possible shall be settled amicably between the parties. If amicable
settlement cannot be reached all the disputed issues shall be resolved through
arbitration before a Sole Arbitrator appointed by Managing Director, GIPCL
according to the provisions of The Arbitration & Conciliation Act, 1996. The place of
arbitration shall be at Vadodara or any other place within state of Gujarat as may be
mutually agreed by the parties in consultation with the tribunal.
b. Work under the contract shall be continued by the contractor during arbitration
proceedings unless GIPCL shall order suspension thereof or any part thereof in
writing or unless the matter in such work cannot possibly be continued unless the
decision of the Arbitration proceedings is obtained.
8. INTERPRETATION OF CLAUSE:
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9. EMPLOYEE’S COMPENSATION INSURANCE:
Contractor shall take all risk Insurance Policy to cover all his workmen/employees, staff
applicable under the Employee Compensation Act 1923 or any amendment thereof as also
insurance cover for third party liability. The contractor shall keep the GIPCL indemnified
from all liabilities arising out of his action in pursuance of this contract. The E. C. Policy
should be obtained from Vadodara Jurisdiction and shall be assigned to GIPCL. EC policy
should cover the specified contract period.
1. The contractor shall at his own cost comply with the provision of labor laws, rules,
orders and notifications whether central or state or local as applicable to him or to
this contract from time to time.
2. Contractor shall be solely responsible and shall fully comply with all the provisions
of all the labor laws applicable such as the Minimum Wages Act, 1948, Contract
Labor (Regulation & Abolition) Act 1970, Factories Act, 1948, Payment of Bonus Act
1965, Employees Provident Fund and Miscellaneous Provision Act 1952, Industrial
Dispute Act 1947, Workmen Compensation Act 1923, Payment of Gratuity 1972,
Interstate Migrant Workmen Act 1979, Equal Remuneration Act with Rules, Order
and Notifications issued/made there under from time to time.
3. All other Acts, Rules/Bye-Laws, Orders, Notifications etc. present of future
applicable to the contractor from time to time for performing the contract job.
3.1 The Contractor shall provide and be responsible for payment of Wages, Salaries,
Bonus, Social charges, Insurance, Food, Accommodation, Transport, Medical and
Canteen facilities and other statutory privileges and facilities to his personnel as
per law/rules/regulations and orders of the Central Government, State
Government, Local Authorities or other authorities as are in force from time to
time. All employees of the Contractor shall be employee of the Contractor.
3.3 The Contractor shall be responsible for payment of overtime wages to his
workmen, if any, in case they are required to work beyond the prescribed
hours under law as per applicable rates.
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3.4 If any of the persons engaged by the Contractor misbehave with any of the
officials or the Company or commit any misconduct with regard to the
property of the Company or suffer from any serious communicable disease,
the Contractor shall replace them immediately.
3.5 The Contractor shall not engage / employ persons below the age of 18 years.
Employment of women shall be strictly according to applicable laws.
4. The Contractor shall be responsible for compliance of all statutory rules, regulation,
act enforced from time framed by the government such as Factory Act, Employee
Compensation Act, payment of ‘Wages Act’, Minimum Wages Act’, Provident Fund
Act, All Labor Laws Act in respect of employees engaged by him for the work and
shall have to maintain necessary records. In case any amount becomes due to be
payable by him to his employees or to the Government under the above rules,
regulation, Acts, GIPCL reserves the right to recover the same from the running bill
of the contract.
5. Records as per the provisions of various statutory Acts will have to be maintained
by the contractor and submitted as and when required.
6. All employees of contractor should maintain due discipline and respect local
sentiments. GIPCL reserves the right to direct the contractor to remove any such
person who does not comply with it.
The list is indicative in nature and not an exhaustive one. Any amendment / alteration /
Notifications or addition to the existing Law or a new statute shall automatically and
immediately become applicable.
b. LEGAL ASPECTS:
1. Contractor shall indemnify GIPCL from any liabilities arising out of the employment of the
manpower.
2. If the contractor fails to complete the allocated job within specified time frame, GIPCL shall
get the work done by third party at the risk and cost of contractor.
Contractor shall be responsible for compliance of all statutory rules, regulation, act
enforced from time framed by the government such as Factory Act, Employee
Compensation Act, payment of ‘Wages Act’, Minimum Wages Act’, Provident Fund Act,
Payment of Bonus Act, Labor Law Act, maternity benefit act in respect of employees
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engaged by him for the work and shall have to maintain necessary records. In case any
amount becomes due to be payable by him to his employees or to the Government under
the above rules, regulation, Acts.
The contractor shall depute qualified and adequate resources in night shift / Sunday /
holidays for any emergency job, which may come up at night/Sunday/holiday.
a. The decision of the Corporate IT head shall be final and binding on the contractor for
defining the terms and condition included in this contract.
b. If the work is not found satisfactory, Corporate IT head reserves the right to take suitable
action.
c. The contractor has to do the job timely. GIPCL shall not compromise in delay. In case of
delay of work without any valid reason, the GIPCL reserves the rights to carry out the
work by deploying other agencies at the risk & cost of contractor with additional 15%
overhead charges.
d. Contractor should mobilize all resources for efficient & smooth execution of contract
within seven days from the date of issue of Letter of Intent/Work Order.
e. The prices / rates quoted shall remain firm till completion of the contract and any agreed
extensions thereafter and shall not be subject to any escalation. No price escalation /
charges shall be entertained due to delay in work on unavailability of work front,
negligence instructions of GIPCL Corporate IT head or any other reason whatsoever.
f. One or more jobs may be required to be done simultaneously and contractor shall
mobilize additional resources accordingly.
g. Timely completion of all jobs and works shall be the essence of this Contract. Contractor
should closely monitor each activity and complete the jobs as per the time given by and
under the supervision of the Corporate IT head and shall ensure that sufficient manpower
is deployed for the same.
h. The contractor has to submit daily reports showing work carried out.
i. The Government of India has enacted the Micro, Small and Medium Enterprises
Development Act, 2006 (the “Act”) and the Act has come into force from October 2, 2006.
The Bidder shall confirm whether your organization is registered under the Micro, Small
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and Medium Enterprises Development Act, 2006. If your organization is registered under
the Act, please specify the category i.e., Micro Enterprise, Small Enterprise or Medium
Enterprise under which it is registered and kindly attach a copy of your registration
certificate.
j. The Bidder shall provide details of registration along with copy of the registration
certificate issued by the District Industries Centre/Department of Industries, etc of the
respective State Government. It is to be noted that large scale industries and trading firms
have been excluded from the purview of the Act.
k. GIPCL is an ISO 9001, ISO 14001, OHSAS 18001 & ISO 50001:2011 (EnMS) certified
company, and GIPCL gives extreme importance to maintain these global standards.
Contractor shall be required to observe these standards while working with GIPCL.
Contractor should ensure that his manpower in accordance with them.
The CONTRACTOR shall employ in or about execution of the work only such persons as
area careful, skilled and experienced in their respective trades, and the GIPCL shall be at
liberty to object to and require the CONTRACTOR to remove any person employed by the
CONTRACTOR in or about execution of works who in the opinion of the Corporate IT head
misconducts himself or is incompetent or negligent in the proper performance of his
duties and all such persons shall not again be employed upon the works without the prior
permission of the GIPCL.
As a part of the work included in this contract, the CONTRACTOR shall completely remove
and satisfactorily dispose off all temporary works to the extent directed.
a. The work to be performed being a specialized nature, the contractor should be fully
conversant with modern practices and should be able to carry out works as per
tender’s specifications. The contractor shall therefore be required to engage qualified/
experienced personnel to undertake the work as per specifications and requirement.
b. The Contractor shall be required to furnish satisfactory job completion report to GIPCL.
The submission of report should be on monthly basis, the quarterly bill payment shall
be released based on the certified reports of the works.
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c. Testing of work will be done by GIPCL authorized representative. If the work is not
found satisfactory engineer in charge reserves the right to take suitable action and
shall be binding to the contractor.
If a Force Majeure situation arises, the affected Party shall promptly notify the other Party
in writing of such conditions and the performance shall be suspended as per mutual
agreement. For the purposes of this clause, ‘Force Majeure’ means an event beyond the
control of the Party and not foreseeable by the Party and shall include events of floods,
explosions, riots, wars, hurricane, epidemics, any other Act of God, quarantine restrictions,
terrorism, government actions and provided always that such acts result in the
impossibility of the further performance of the contract.
18. INDEMNITY:
The Contractor shall indemnify and keep harmless GIPCL from and against all actions,
proceedings, claims, demands, losses, costs, damages and expenses whatsoever which may
be brought against or suffered by GIPCL which it may sustain, pay or incur as a result of or
in connection with the performance/ purported performance/ non-performance of the
contract by the Contractor. In case, in any litigation pertaining to labour employed
through contractor if any direction or order is issued by court at any point of time the
contractor shall comply with and implement such direction or order whether passed at the
time of award of contract or during the pendency of contract. Further, the Contractor shall
indemnify the GIPCL against all consequences arising and affecting GIPCL owing to the
compliance of the orders by the Contractor.
This tender document and contract shall be governed by the laws of India and the Courts
at Vadodara city shall have jurisdiction regarding the same.
20. Where any portion of the General Condition of Contract is repugnant to or at variance with
any provisions of the Special Condition of Contract, then unless a different intention
appears, the provision of the Special Conditions of Contract shall prevail to the extent of
such repugnancy of variance.
**********
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TENDER NO: Mat. 34/MM/SAPAMS/20-21/ dt. 01.02.2020
SECTION-D
SPECIAL CONDITIONS OF CONTRACT
PM, PS, PI, SD, DGR, ASH Handling System, BASIS, DM Water Sales, Customized GST
Solution (Developed in ABAP)
1. The successful bidder shall provide contact numbers, email addresses, escalation matrix of
a dedicated support team. GIPCL shall be kept informed well in advance in case any
changes are being made in the contact details.
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2. Project co-coordinator of successful bidder shall submit detailed documentation (e.g.
Technical documents, configuration documents if any) for each resolved issue to GIPCL IT.
3. The successful bidder shall apply the necessary applicable SAP patches, notes and
releases after proper testing, in e n t i r e G I P C L S A P l a n d s c a p e .
4.
a) For changes pertaining to completely new processes, or any new developments
etc., the total efforts (man days) required for the change requests will be mutually
agreed by both the successful bidder and GIPCL. If the total efforts required are less
than 5 man days, then the successful bidder will implement the change free of cost.
In case of changes requiring efforts more than 5 man days GIPCL will obtain a
management approval for the financial implication to carry out the changes.
The financial implication will be calculated by reducing the agreed effort by 5 man
days and then multiplying the balance man days with the rate (per man days)
quoted in the commercial bid by the successful bidder.
5. The consultants of the successful bidder will bring their own r e q u i r e d devices
(Laptops etc duly vetted and authorized by GIPCL IT team) w h i l e v i s i t i n g G I P C L .
6. The successful bidder shall submit all the necessary documentation (i.e., Functional specs,
Technical Specs, List of affected codes, Test scripts, Unit test plans, System Test plans etc)
for any changes they perform in the system. All these documents should be approved by
GIPCL.
7. The successful bidder should also carry out Code review, SIT of the process / module
(including co-ordination with other vendors), Unit testing, f u n c t i o n a l testing of
components etc. They will also be responsible for conducting the User acceptance
testing for the same where the users will participate.
8. GIPCL may ask the consultants of the successful bidder to provide awareness for some
processes to the users as per the requirement.
9. The basis consultants of the successful bidder will perform all type of monitoring and
administrative activities like restarting SAP servers, maintenance of system configuration,
administration for Browser-Based User Dialogs, User Administration (ABAP/JAVA),
Creating and maintaining RFC Connections, Administration and maintenance for External
Communication, Schedule Background Tasks, Printer and spool administ ration /
maintenance , Ad mi n i st ra t i on a n d ma i n t e n a n ce o f Tr a n s p or t M a n a ge me n t
S yst e m, System Monitoring and Trouble Shooting, Setting Up an SAP System Landscape,
SLD monitoring, Exporting/importing Transport Requests, , System Workload Analysis,
System trace monitoring, Performance Analysis, SAP Memory Management , System Load
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Verification, Expensive SQL Statements Analysis, SAP Table buffering, Database Overview
and monitoring, DB Monitoring Tools, Recovery, DBA activity through BR* Tools,
RESTORING a BACKUP without any additional cost to GIPCL.
10. The successful bidder will perform SAP BASIS activities in Development, Quality
and production SAP ECC systems. They will also perform all the System Monitoring
and health check activities for smooth running of the servers.
11. The successful bidder shall prepare weekly/monthly status reports and submit to
GIPCL. The project manager of the Successful bidder will prepare the presentation for
the steering committee meeting and present the same to GIPCL management. A senior
representative of the successful bidder will attend all the steering committee meetings to
be held at GIPCL.
13. The successful bidder shall interact with other product (like E-Tender System) vendors /
support vendors for system related issues in co-ordination with GIPCL.
15. If any support is required pertaining to SAP applications in DR site then same
s h a l l be extended by the successful bidder to the DISASTER RECOVERY (DR) site without
any additional cost.
16. The successful bidder will follow the holiday calendar of GIPCL. They should deploy offsite
support team during the GIPCL working days from Monday to Saturday (9 AM to 5.30 PM).
The vendor team has to work late after working hours and attend issues on
weekends/holidays as and when required without any additional cost to GIPCL.
17. Successful bidder shall keep each & every record, logs of the proceedings of the each phases
of the project in writing to avoid any debatable issues of delaying the project on accounts of
reasons attributable to both the sides i.e. SI as well as client.
18. GIPCL has a small team of IT persons whose capacities have been built to some extent.
Successful Bidder shall have to evaluate them and further train, build, handhold the in-
house teams and groom to utilize their capacity on the job, right from the day one of the
maintenance support so that some part of maintenance support can handled by them for
which necessary access in the system shall to be given to them. However successful bidder
shall carry overall responsibility.
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19. Successful bidder shall submit certificate from Corporate IT Head GIPCL, the Helpdesk
ticket analysis with all status, Change Request status and status of all service requests
logged with OEM SAP for every month with a presentation and any other issues if bidder
wants to address in a bimonthly meeting with Corporate IT Head GIPCL. Additionally,
successful bidder may share their comments on quality of tickets, any major issues
encountered & resolved, operational difficulties and adoption of best practices to help in
reducing the tickets volume further.
Successful bidder shall obtain compliance to SLA regarding applications and Database
certified from GIPCL, IT. A bimonthly meeting of Corporate IT Head GIPCL, Module owners
would be held at GIPCL, Vadodara on a regular basis. Minutes of meeting (MoM) shall be
drawn and it would serve the basis for releasing maintenance support charges for the
months involved to the successful bidder.
Penalties if any for Monthly Maintenance Support charges shall be as per SLA mentioned
in succeeding paras.
Support request (either ticket or CHANGE REQUEST (CR)) will be reported to successfully
bidder via call/e-mail/fax/letter by GIPCL indicating urgency level.
Delay attributable to GIPCL like delay in providing input / testing feedback / decision will not
be counted while arriving at resolution time of any ticket.
The response time, resolution time & subsequent penalty applicable (in case of failure of
maintaining the ticket resolution time) for tickets raised, is given in detailed in section D
Detailed scope of work.
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Severity Severity Description Resolution
Type Duration/Penlaty for non-
Levels compliance
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3 - Medium Non-critical errors : Within 5 business days./
Such class of errors Errors are not resolved within the
will include problems, stipulated time as above, there
which result in shall be a penalty of INR 500 per
minimal impact to the business day for period exceeding
use and live operation above said 5 days resolution time.
of software
In case the error is not resolved
within 10 days from the time of
reporting of the error, Bidder shall
be liable to pay a penalty of INR
1000 per business day for the
delayed period after 10 days.
Note-
1. In case of emergency the successful bidder shall depute required consultant
immediately onsite at their expenses.
2. Business hour will start from 9:00 AM up to 5:30 PM
3. The team of successful bidder shall follow GIPCL’s holiday calendar.
21. D E L I V E R A B L E S :
(a) Weekly reports on Issue Analysis, resolved and pending activities.
(b) Monthly review report on the issues resolved and Details of Changes handled,
Transports moved etc.
(c) Minutes of Meetings for all the meetings with the users, vendors and other stake
holders.
(d) Knowledge database building through Solution Manager for the issues being
resolved.
(e) All documentation involved in Change Management Process defined in the
Scope.
(f) Business blueprint, Configuration documents, Functional Specification Document,
Technical Specification document, source code wherever there is a change.
(g) Scheduling and documentation of Technical support activities on SAP ECC
servers (Development, Quality and Production).
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(h) Monthly updated Support team details and escalation matrix with responsibilities
during business hours and after office hours including weekends should be
submitted.
(i) User Manuals and Training documents for newly implemented processes or for any
changes in the existing processes.
22. KNOWLEDGE TRANSFER (KT) PROCEDURE:
It is the responsibility of the successful bidder to ensure that the knowledge transfer is
carried out in all respect from the existing vendor of GIPCL. The duration required for
this knowledge transfer will be decided by GIPCL and intimated to the successful bidder
during the award of the contract / work order.
The successful bidder should deploy adequate resources to carry out the complete
knowledge transfer effectively within the stipulated timeline provided by GIPCL without
any cost to GIPCL.
Resolving maintenance requests (i.e. tickets) and enhancement requests (i.e. CR) as per
Service Level Agreement for following modules.
It may be noted that implementing new features not activated / not available in existing
modules shall be treated as Change Request i.e. CR.
During any emergencies, contractor shall have to carry out the work by deploying additional
force within four hour notice period failing which GIPCL reserves the right to carry out this
work by engaging other party. The expenditure occurred due to such situations, the
Contractor will be held responsible & the same will be recovered from the Contractor’s
monthly bill / any other pending bills along with 15% overhead charges. For repetitive failure
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of such work for more than two incidents, GIPCL reserve the right to terminate the entire
contract by forfeiting all pending dues, Security Deposit & other retention money, if any, after
giving 15 days notice to the contractor & this will be binding to the contractor.
1. The Contractor shall have to provide necessary facilities like travel / lodging /boarding
for their team members during any onsite visit to GIPCL.
If the work or any portion thereof shall be damaged in any way excepting by the acts of the
GIPCL, or if defects not readily detected by proper inspection shall develop before the final
completion and acceptance of the whole work, the CONTRACTOR shall forthwith make good,
without compensation, such damage or defects in a manner satisfactory to the GIPCL. In no
case shall defective or imperfect work be retained even if contractor followed all technical
specifications. GIPCL will not compromise for quality of materials, works & workmanship.
The CONTRACTOR shall remain liable under the provisions of this clause notwithstanding the
passing by the GIPCL of any certificate, final or otherwise or the passing of any accounts.
The rates shall be firm for entire contract period and also during extension, if required and
shall not be subject to any escalation in prices.
3. TERMS OF PAYMENT
A. CONDITIONS OF PAYMENT:
(i) At the end of each quarter, the Bidder‘s request(s) for payment shall be made to the
GIPCL quarterly in writing accompanied by the details of work executed, supported
with evidence of accomplishment of work. Such request shall be validated by GIPCL
with its records and considering SLA criteria. Request shall be settled considering
deductions to be applied if any and payment shall be made within 30 days from the
date request received by GIPCL. GST shall be paid along with bills after fulfillment
of following terms:
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(b) Citing the GST Registration no. And the date of issue of registration
certificate on invoices.
(c) Claim of GST amount with percentage (%) separately shown on the invoices.
(d) The contractor shall be required to submit the proof of payment of GST of
previous month/quarter, as may be applicable as & when demanded by
GIPCL/Owner/company.
(e) The Bidder shall inform the Owner in the event of its registration certificate
is cancelled or discontinued for whatsoever reason.
(ii) The Contractor shall submit his Final Bill within a period of three months of the
expiration or earlier termination of the contract or any extensions that may be
granted by GIPCL to the Contractor. GIPCL shall not entertain any bill for any work
item after expiration of period of three months.
(iii) The Contractor shall include all his claims in the Final Bill submitted by him and
accordingly the final bill submitted by the Contractor shall be deemed to be
inclusive of all and whatsoever the claims that the Contractor may have from
GIPCL. The Contractor shall not be entitled to claim any amounts which are not
mentioned in the Final Bill and the Contractor shall be deemed to have waived any
claims not mentioned in the Final Bill and shall not be entitled to recover the same
from GIPCL subsequent to the submission of the Final Bill on any account and
GIPCL shall stand absolved of all its liabilities in respect of any such claims not
raised by the Contractor in his Final Bill.
Contractor shall submit following documents to the Corporate IT head for verification
purpose of the bill:-
General Conditions of Contract (Section-C) and detail specification prepared by the company
will be applicable for this contract. The same is enclosed herewith. Bidders are advised to go
through the same.
Where any portion of the general conditions of contract is repugnant to or at variance with
any provisions of the special conditions of contract, then unless a different intention appears,
the provision of the special conditions of contract shall prevail to the extent of such
repugnancy of variance.
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7. PAYMENT TERMS, SCHEDULE OF PAYMENT:
At the end of each quarter, the Bidder‘s request(s) for payment shall be made to the GIPCL
quarterly in writing accompanied by the details of work executed, supported with evidence of
accomplishment of work. Such request shall be validated by GIPCL with its records and
considering SLA criteria. Request shall be settled considering deductions to be applied if any
and payment shall be made within 30 days from the date request received by GIPCL.
8. PENALTY:
If Bidder fails to execute the contract in time or provide unsatisfactory service viz.a.viz SLA
during contract, GIPCL may impose any or all of the following:
GIPCL shall promptly notify the successful bidder in writing of any claims arising under
maintenance support. If the successful bidder, having been notified, fails to remedy the
defect(s) within the period specified, GIPCL may proceed to take such reasonable remedial
action as may be necessary, at the successful bidder’s risk and expense and without
prejudice to any other rights, which GIPCL may have against the bidder under the contract.
Unsatisfactory performance during contract period will lead to levy of penalty up to
maximum of 10(ten) % of the project value or invoking the Performance Guarantee /
Security Deposit.
9. RIGHTS TO DATA:
GIPCL shall retain all right, title and interest in and to any and all data, entered or generated
by the Selected Vendor for GIPCL pursuant to this agreement and any modifications thereto or
works derived there from.
11. CONFIDENTIALITY:
The Selected Vendor and its personnel shall not, either during the term or after expiration of
this contract, disclose any proprietary or confidential information relating to the services,
contract or the GIPCL’s business or operations without the prior written consent of GIPCL.
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12. INTELLECTUAL PROPERTY RIGHTS AND RIGHTS TO INTEGRATED APPLICATION
SYSTEM
GIPCL shall retain all right, title and interest in and to any and all software, firmware and
hardware designed and developed for GIPCL by the vendor pursuant to this agreement, and
any modifications thereto or works derived there from : Vendor shall have no right, title or
interest in or to such designs, programs, modifications for any purpose, except the right to
use, modify, enhance and operate such designs, programs, modifications in order to perform
services hereunder, and as may be expressly set forth herein or in a separate written
agreement executed between the parties.
The terms software, software programs and programs shall include specifications,
documentation, and technical information, and all corrections, modifications, additions,
improvements and enhancements to any of the foregoing provided to GIPCLR by the vendor
pursuant to this agreement. The terms firmware and hardware shall include the designs,
drawings, specifications, custom designed electronic devices, documentation and technical
information, and all corrections, modifications, additions, improvements and enhancements to
any of the foregoing provided to GIPCL by the vendor pursuant to this agreement. All
software/program developed and related systems developed for GIPCL will be handed over
to the company.
**********
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TENDER NO: Mat. 34/MM/SAPAMS/20-21/ dt. 01.02.2020
SECTION-E
PRICE BID / COMMERCIAL BID
(Commercial Bid Submission format)
(Developed in ABAP)
(Developed in ABAP)
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4 Per man days cost for Man 01
Change Request for Days
new functionality
implementation only
on approval.
TOTAL COST
Notes:
For arriving at L1 Bidder (Lowest) Sr. No. 1, Sr. No. 2 and 10 man days each for Sr.
No. 4 and Sr. No. 5 mentioned above will be considered for only calculation purpose
to bring all technically qualified bidder at par for financial bid evaluation.
Man days for Change Request (CR) shall be decided based on mutual agreement
between bidder and GIPCL.
In case of onsite visit of consultant/s lodging, boarding and travelling expense shall
be borne by the bidder.
GST as applicable will be paid extra by GIPCL. Bidder needs to indicate GST
applicable at Present.
Any changes in Govt. Taxes / Duties would be applicable as on actual at the time of
invoice processing.
Name and signature (of the authorized person) with company seal.
………………………………
**********
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TENDER NO: Mat. 34/MM/SAPAMS/20-21/ dt. 01.02.2020
SECTION-F
Bidder should submit copy of contract and completion certificate of the customer for each
item mentioned below.
Name of Value of the
Sr. the Scope of Technical details / Specifications Project in
No. customer Work (Equivalent to the specification INR
with requested in the RFP)
address
Name and signature (of the authorized person) with company seal.………………………………
**********
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ANNEXURE – B
(BIDDER INFORMATION SHEET & UNDERTAKING)
Name: Designation:
Office
Email:
Address:
Tel./Fax
Cell No.:
Nos.:
Undertaking
Yours faithfully,
(Authorized Signatory)
Name, Signature & Seal of the Bidder
Place:
Date:
**********
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ANNEXURE-C
B.G. NO…………………….
Page 46 of 54
3. We undertake to pay to the Company any money so
demanded not withstanding any dispute or disputes raised by the contractor(s)/
Seller(s) in any suit or proceeding pending before any office, court or tribunal relating
thereto our liability under this present guarantee being absolute and unequivocal. The
payment so made by us under this bond shall be a valid discharge of our liability
for payment there under. Our liability to pay is not dependent or conditional on the owner
proceeding against the Contractor(s)/ Seller(s).
6. We ……………Bank further agree with the Company that the company shall have the
fullest liberty without our consent and without affecting in any manner our obligations
hereunder to vary any of the terms and conditions of the said Contract(s)/ Order(s)
or to extend the time of performance by the said Contractor(s) Seller(s) from time to time
or to postpone for any time or from time to time any of the powers exercisable by the
Company against the said Contractor(s)/
Seller(s) and to forbear or enforce any of the terms and conditions relating to the said
Contract(s)/ Order(s) and we shall not be relieved from our liability by reason of any such
variation, or extension being granted to the said Contractor (s) / Seller(s) or for any
forbearance, act or omission on the part of the Company or any indulgence by the
Company to the said Contractor(s)/ Seller(s) or by any such matter or thing whatsoever
which under the law relating to sureties would, but for this provision, have affect of so
relieving us.
7. Notwithstanding anything contained herein before, our liability shall not exceed
Rs…………….(Rupees…………only) and shall remain in force till..……..Unless a
demand or claim under this Guarantee is made on us within three months from the date
of expiry we shall be discharged from all the liabilities under this guarantee.
Date………. ………………………….Bank
**********
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ANNEXURE- D
PROFORMA FOR BANK GUARANTEE FOR EARNEST MONEY DEPOSIT
(To be executed on non-judicial stamped paper of appropriate value)
B.G. No. Date:________________
1. WHEREAS M/s.Gujarat Industries Power Company Limited having its Corporate Office at
PO: Petrochemicals, Dist.Vadodara – 391 346, Gujarat State, India (hereinafter called
“The Company Owner” which expression shall unless repugnant to the subject or
context includes its legal representatives, successors and assigns) has issued tender
paper vide its Tender No……………………………………………for ---------------------------------
---------- (hereinafter called “the said tender”) to M/s.
……………………………(hereinafter called the said Tenderer(s)” which expression shall
unless repugnant to the subject or context includes their legal representatives, successors
and assigns and as per terms and conditions of the said tender, the tenderer
shall submit a Bank guarantee for Rs.……….
(Rupees……………..only) towards earnest money in lieu of cash.
……… do hereby undertake to pay the amount due and payable under this guarantee
without any demur, merely on a demand from the Company stating that in the opinion of
the company which is final and binding, the amount claimed is due because of any
withdrawal of the tender or any material alteration to the tender after the opening of the
tender by way of any loss or damage caused to or would be caused or suffered by the
Company by reason of any breach by the said tenderer(s) of any of the terms and
conditions contained in the said tender or failure to accept the letter of Intent
Agreement or that the amount covered under this Guarantee is
forfeited. Any such demand made on the Bank by the owner shall be conclusive as
regards the amount due and payable by the Bank under this guarantee, However, our
liability under this guarantee shall be restricted to an amount not exceeding
Rs………………..(Rupees………………..only).
Page 48 of 54
5. We ……………..Bank Ltd. further agree that the guarantee herein contained shall remain
in full force and effect during the period that would be taken for the finalization of
the said tender and that it shall continue to be enforceable till the said tender is finally
decided and order placed on the successful tenderer(s) and or till all the dues of the
company under or by virtue of the said tender have been fully paid and its claims satisfied
or discharged or till a duly authorized officer of the company certifies that the terms and
conditions of the said tender have been fully and properly carried out by the said tenderer
(s) and accordingly discharges the guarantee.
6. That the Owner Company will have full liberty without reference to us and without
affecting this guarantee to postpone for any time or from time to time the exercise of any of
the power of the owner under the tender.
7. Notwithstanding anything contained herein before, our liability shall not exceed
Rs…………………. (Rupees…………………………only) and shall remain in force
till…………….. (Date to be filled up shall be 180 days from the date of submission of Bid).
**********
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ANNEXURE-E
PERFORMA CERTIFICATE
(No claim, No arbitration)
To,
M/s. GUJARAT INDUSTRIES POWER COMPANY LTD.
P.O.Petrochemical-391346,
Dist. Baroda
Subject:__________________________________________________________
1. The payment certified in that or above referred LoI / contract is full and final. We accept this, and
no claim related to payment is left.
2. The rates of the LoI / contract and its amendments are firm till completion of contract and extension
period. We shall not claim any escalation against these rates.
3. Along with the contract referred, the ARBITRATION CLAUSE also perishes i.e. we will not resort to
arbitration.
5. We do not have any claims against any item related to the LoI than those items certified in the bills.
6. We are accepting the recoveries or hold amount from our bills, if any, made by GIPCL against non
compliance or as decided by GIPCL within terms & conditions of contract.
7. In case of any disputes arising in future related to payment of royalties, all liabilities of settlement of
dispute and its payment if any, will be borne by us.
8. We have paid wages to all the workmen who were deployed by us for carrying out above referred
work as per prevailing Minimum wages act. We have also fulfilled all requirements of the P.F. Act.
We have maintained all records necessary as per the statutory requirements. We hereby indemnify
GIPCL from any disputes arising in future related to payment of labours, Provident Fund, etc.. and
confirm that all liabilities of settlements of disputes and their payment is our responsibility.
The above confirmation will come into effect as soon as payment from final bill after due recoveries
will be received by us.
**********
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ANNEXURE- F
DEVIATION SHEET
**********
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ANNEXURE- G
ETHICS PACT
OUR ENDEAVOUR
To create an environment where Business Confidence is built through best business practices
and is fostered in an atmosphere of trust and respect between providers of goods and services
and their users for the benefit of stakeholder, society and the nation.
To maintain the highest ethical standards in Not to bring pressure / recommendation from outside
business and professions GIPCL to influence its decision.
To ensure maximum transparency to the Not to use intimidation, threat, inducement or pressure
Satisfaction of all stakeholders. of any kind on GIPCL or any of its employees.
To fulfill the terms of agreement / contract To be prompt and reasonable in fulfilling the contract,
and to consider objectively the viewpoints of agreement and legal obligations.
other Stakeholders.
To ensure regular and timely release of To provide goods and / or services timely as per
payments for works done/services provided agreed quality and specifications.
To ensure that no improper demand is made To maintain the general discipline in our dealings and
by Employees or by anyone on our behalf. transactions.
To give maximum possible assistance to all To be truthful and honest in furnishing information.
the Vendors / Suppliers / Service Provider
and others to enable them to complete the
works in time.
To provide all necessary information to Not to divulge to others any information, business
suppliers / contractors relating to contract / details about GIPCL made available during the course
job to facilitate them to complete the contract of business relationship without the written consent of
/ job successfully in time. GIPCL.
To ensure that no hurdles are caused to Not to enter into cartel / understanding whether formal
vendors / suppliers / contractors in execution or informal so as to influence the price.
of agreement / contract / work.
Seal & Signature Seal & Signature
(GIPCL's Authorized Signatory) (Party's Authorized Signatory)
Name : Name :
Designation : Designation :
(Note: It is voluntary on the part of the second party to sign the Ethics Pact, but efforts are made by GIPCL
Management to convince it to sign the same. For this purpose, the second party (i.e. Contractor / vendor /
supplier / service provider) is at liberty to suggest changes in the contents of the Ethics Pact to suit its
comfort level.
**********
Page 52 of 54
ANNEXURE- H
(On bidder’s Firm’s Letter Head)
CERTIFICATE
I / We ______________________________________________ authorized signatory of
M/s _____________________________________ here by certify that M/s
_________________________________________ is not related with other firms who
have submitted tenders for the same items under this inquiry / Tender for the work of SAP
Maintenance support at GIPCL, AT & POST: PETROCHEMICALS, DIST: VADODARA - 391
346.
With Designation
Place:
Date:
___________________________________
ANNEXURE- I
(On bidder’s Firm’s Letter Head)
Declaration cum Undertaking for Safety Laws and Regulations Compliance
Further, I ……..Name of Party/Company…… also hereby confirm, declare and undertake that there
has not been any major Safety Violation and any single Fatal Accident at any site(s) during the
execution of the contract/contracts awarded to me during the period of preceding Three years.
**********
Page 53 of 54
ANNEXURE- J
(On bidder’s Firm’s Letter Head)
DECLARATION FOR CONTRACTUAL DISPUTES/ LITIGATIONS
The above is true, as on date, to the best of my knowledge. Any breach/ false statement in this
regard shall amount to disqualification of the Bid being submitted herein.
ANNEXURE – K
(On bidder’s Firm’s Letter Head)
CERTIFICATE
Date:
**********
Page 54 of 54